28 U.S.C. § 121 — South Carolina

Page 49 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 121 court was omitted as covered by sections 138 and 141 of this title. The provision of section 864 of title 48, U.S.C., 1940 ed., that the district court shall be attached to the first circuit is incorporated in section 41 of this title. The provision of section 864 of title 48, U.S.C., 1940 ed., for appeals to the circuit court of appeals is incor- porated in section 1295 of this title. Other provisions of sections 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48. § 120. Rhode Island Rhode Island constitutes one judicial district. Court shall be held at Providence. (June 25, 1948, ch. 646, 62 Stat. 889.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 185 (Mar. 3, 1911, ch. 231, § 104, 36 Stat. 1123; Feb. 1, 1912, ch. 27, 37 Stat. 59). Changes in phraseology were made. § 121. South Carolina South Carolina constitutes one judicial dis- trict comprising eleven divisions. (1) The Charleston Division comprises the counties of Berkeley, Charleston, Clarendon, Colleton, Dorchester, and Georgetown. Court for the Charleston Division shall be held at Charleston. (2) The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter. Court for the Columbia Division shall be held at Columbia. (3) The Florence Division comprises the counties of Chesterfield, Darlington, Dil- lon, Florence, Horry, Marion, Marlboro, and Williamsburg. Court for the Florence Division shall be held at Florence. (4) The Aiken Division comprises the coun- ties of Aiken, Allendale, and Barnwell. Court for the Aiken Division shall be held at Aiken. (5) The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg. Court for the Orangeburg Division shall be held at Orangeburg. (6) The Greenville Division comprises the counties of Greenville and Laurens. Court for the Greenville Division shall be held at Greenville. (7) The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York. Court for the Rock Hill Division shall be held at Rock Hill. (8) The Greenwood Division comprises the counties of Abbeville, Edgefield, Green- wood, McCormick, Newberry, and Saluda. Court for the Greenwood Division shall be held at Greenwood. (9) The Anderson Division comprises the counties of Anderson, Oconee, and Pick- ens. Court for the Anderson Division shall be held at Anderson. (10) The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union. Court for the Spartanburg Division shall be held at Spartanburg. (11) The Beaufort Division comprises the counties of Beaufort, Hampton, and Jas- per. Court for the Beaufort Division shall be held at Beaufort. (June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89–242, § 1(a), Oct. 7, 1965, 79 Stat. 951; Pub. L. 99–657, § 2, Nov. 14, 1986, 100 Stat. 3670; Pub. L. 102–140, title III, § 304, Oct. 28, 1991, 105 Stat. 810.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 186 (Mar. 3, 1911, ch. 231, § 105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60; Mar. 3, 1915, ch. 100, § 5, 38 Stat. 961; Sept. 1, 1916, ch. 434, 39 Stat. 721; Mar. 4, 1923, ch. 261, 42 Stat. 1486; Jan. 30, 1925, ch. 118, 43 Stat. 800; June 26, 1926, ch. 696, §§ 1–3, 44 Stat. 773; June 20, 1936, ch. 637, §§ 1–3, 49 Stat. 1558, 1559; June 12, 1940, ch. 335, 54 Stat. 344; June 28, 1943, ch. 173, title II, § 204, 57 Stat. 244; Dec. 13, 1944, ch. 556, 58 Stat. 801). The last sentence of section 186 of title 28, U.S.C., 1940 ed., relating to trial of criminal cases in the division in which the offense was committed, was omitted as fully covered by Rules 18–22 of the Federal Rules of Criminal Procedure. A provision relating to the places of the clerks’ of- fices was omitted as covered by section 751 of this title. The provision respecting court accommodations at Orangeburg was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1991—Par. (4). Pub. L. 102–140, § 304(1), struck out ref- erence to Hampton County. Par. (11). Pub. L. 102–140, § 304(2), inserted reference to Hampton County. 1986—Pub. L. 99–657, § 2(1), substituted ‘‘eleven divi- sions’’ for ‘‘ten divisions’’ in introductory text. Par. (1). Pub. L. 99–657, § 2(2), struck out ‘‘Beaufort,’’ after ‘‘counties of’’ and substituted ‘‘and Georgetown’’ for ‘‘Georgetown, and Jasper’’. Par. (11). Pub. L. 99–657, § 2(3), added par. (11). 1965—Pub. L. 89–242 consolidated into a single district the 10 divisions of the state which had formerly been divided into an Eastern and a Western District. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–657, § 4, Nov. 14, 1986, 100 Stat. 3670, pro- vided that: ‘‘(a) EFFECTIVE DATE.—(1) The amendments made by sections 2 and 3 [amending this section and section 90 of this title] take effect 90 days after the date of the en- actment of this Act [Nov. 14, 1986]. ‘‘(2) The amendment made by section 4 [enacting this note] takes effect on the date of the enactment of this Act. ‘‘(b) PENDING ACTIONS.—The amendments made by this Act [amending this section and section 90 of this title] shall not affect any action commenced before the effective date of such amendments and pending on such date. ‘‘(c) JURIES.—The amendments made by this Act [amending this section and section 90 of this title] shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actu- ally serving on the effective date of such amendments.’’ Page 50 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 122 EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–242, § 6, Oct. 7, 1965, 79 Stat. 953, provided that: ‘‘The provisions of this Act [amending this sec- tion and section 133 of this title and enacting provi- sions set out as a note below] shall become effective on the first day of the month following the date of enact- ment of this Act [Oct. 7, 1965].’’ CONSOLIDATION OF SOUTH CAROLINA INTO A SINGLE JUDICIAL DISTRICT Pub. L. 89–242, §§ 2–5, Oct. 7, 1965, 79 Stat. 952, 953, pro- vided for the consolidation, in compliance with section 132 of this title, of the Eastern and Western Districts of South Carolina into a single district with continuing jurisdiction over civil cases and criminal acts pending or committed prior to Nov. 1, 1965, and appropriate pro- visions for the appointment or transfer of United States attorneys, marshals, and other court personnel, then serving, from the two districts to the consolidated district. § 122. South Dakota South Dakota constitutes one judicial district comprising four divisions. (1) The Northern Division comprises the counties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Ed- monds, Grant, Hamlin, McPherson, Mar- shall, Roberts, Spink, and Walworth. Court for the Northern Division shall be held at Aberdeen. (2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton. Court for the Southern Division shall be held at Sioux Falls. (3) The central division comprises the coun- ties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach. Court for the Central Division shall be held at Pierre. (4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington, Perkins, and Shan- non. Court for the Western Division shall be held at Deadwood and Rapid City. (June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89–638, Oct. 10, 1966, 80 Stat. 883; Pub. L. 92–376, Aug. 10, 1972, 86 Stat. 529; Pub. L. 101–650, title III, § 324(b), Dec. 1, 1990, 104 Stat. 5120.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 187 (Mar. 3, 1911, ch. 231, § 106, 36 Stat. 1123; June 11, 1932, ch. 242, 47 Stat. 300). A provision relating to maintenance of offices by the clerk was omitted as covered by sections 452 and 751 of this title. Provisions that the Northern Division included Lake Traverse Indian Reservation and that part of Standing Rock Indian Reservation lying in South Dakota; that the Southern Division included the Yorkton Indian Reservation; that the Central Division included the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations; and that the Western Division included Rosebud and Pine Ridge Indian Reservations, were all omitted as surplusage. (See Reviser’s Note under sec- tion 114 of this title.) Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1990—Par. (3). Pub. L. 101–650, § 324(b)(1), struck out ‘‘Jackson,’’ after ‘‘Hyde,’’. Par. (4). Pub. L. 101–650, § 324(b)(2), inserted ‘‘Jack- son,’’ after ‘‘Harding,’’ and substituted ‘‘and Shannon’’ for ‘‘Shannon, Washabaugh, and Washington’’. 1972—Par. (2). Pub. L. 92–376, § 1(a), removed Gregory County from the Southern Division. Par. (3). Pub. L. 92–376, § 1(b), added Gregory, Mellette, Todd, and Tripp counties to the Central Divi- sion and removed Armstrong county from the Central Division. Par. (4). Pub. L. 92–376, § 1(c), removed Mellette, Todd, and Tripp counties from the Western Division. 1966—Pub. L. 89–638 provided for holding court at Rapid City. § 123. Tennessee Tennessee is divided into three judicial dis- tricts to be known as the Eastern, Middle, and Western Districts of Tennessee. Eastern District (a) The Eastern District comprises four divi- sions. (1) The Northern Division comprises the counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union. Court for the Northern Division shall be held at Knoxville. (2) The Northeastern Division comprises the counties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington. Court for the Northeastern Division shall be held at Greenville. (3) The Southern Division comprises the counties of Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie. Court for the Southern Division shall be held at Chattanooga. (4) The Winchester Division comprises the counties of Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren, and Warren. Court for the Winchester Division shall be held at Winchester. Middle District (b) The Middle District comprises three divi- sions. (1) The Nashville Division comprises the counties of Cannon, Cheatham, David- son, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson. Court for the Nashville Division shall be held at Nashville. (2) The Northeastern Division comprises the counties of Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, and White.